Playground Injury - Case Settled

Charter School Pays for Injury to Student
Florida Legal Business Review, Staff Writer
An independent legal reporting newspaper

Case: A.R., a Minor v. Homestead Charter School

Court: Miami Dade County Circuit Court, 11th Judicial Circuit

Plaintiff’s Attorneys: David W. Lipcon, of Lipcon & Lipcon, P.A.

Facts and Allegations: Injury on school playground. A.R. (name withheld to protect the identity of the minor) only 5 years old, was a student at Homestead Charter School. On October 4, 2010, after it had rained for hours, A.R.’s teacher brought the class outside to play on the school playground. Despite being cautioned by other teachers that the monkey bars were slippery and muddy, due to the rain, A.R.’s teacher allowed the children to play on the monkey bars. When A.R. climbed to the top, because the bars were slippery, his hands slipped, causing him to fall to the ground. The fall caused him to fracture his forearm.

A.R.’s parents hired the Law Firm of Lipcon & Lipcon, P.A., a law firm in Miami, Florida that specializes in personal injury litigation. Lipcon’s investigation confirmed that other teachers at the school did not allow their children to play on the monkey bars because of the wet, dangerous condition.

The insurance company argued that the teacher was not negligent and that there was no liability for children playing on playground equipment. After months of negotiation, the lawyers at Lipcon & Lipcon were able to convince the insurance carrier, for the school, to pay the full amount of bodily injury coverage available.

Results: Settlement for full amount of insurance coverage available.

Comments: The school was unavailable for comment. David Lipcon stated that the family was very satisfied with the settlement and that proceeds were placed in a restricted Guardianship Account for the benefit of the child.